Senate committee advances bill to list firefighting foams containing PFAS as hazardous waste

The Senate Conservation Committee advanced House Bill 140 Tuesday after extended debate about scope and federal-state authority over PFAS cleanup.

The bill would add discarded firefighting foam that contains intentionally added PFAS to the state definition of hazardous waste, allowing the New Mexico Environment Department to require management and disposal under existing hazardous-waste rules and to rely on EPA cleanup standards when implementing the requirements.

Sponsor supporters, including the Environment Department secretary, said the change was motivated by stalled cleanup negotiations with the Department of Defense and by court litigation over whether the feds must follow state hazardous-waste enforcement. Secretary Kenny told the committee DOD has sued the state, arguing the state lacks authority in at least one instance; the department’s officials said other states had clarified authority and gotten DOD to clean up sites.

Several senators voiced concern the bill initially used language that might have been broader than intended. Committee discussion emphasized that the committee substitute narrows the scope to “discarded firefighting foams containing intentionally added PFAS,” and that subsequent rulemaking would include stakeholder input. Secretary Kenny and the department’s hazardous-waste bureau chief explained the statutory change would trigger the normal rulemaking process to adopt any future federal hazardous-waste listings into state code.

Lawmakers pressed the department about cleanup standards, disposal options and whether the bill would require standards more stringent than federal requirements. The department said the intent is to adopt or rely on EPA risk‑based cleanup standards for soil and drinking water and, where federal disposal or destruction standards do not exist, to require hazardous-waste landfill management until EPA sets destruction standards.

Opponents and some committee members warned broad language could create regulatory uncertainty, expanding the list of materials deemed hazardous beyond firefighting foam. Department witnesses said they narrowed the bill after stakeholder input and emphasized the bill includes the state’s existing rulemaking and public‑process safeguards.

The committee moved a due‑pass recommendation on a motion from Senator Charlie, seconded by Senator Hamlin. The roll call recorded five yes votes and two no votes; the committee announced a due pass (5 yes, 2 no, excused some members).